首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
Marriage may be about love, but divorce is a business. For global couples—born in different countries, married in a third, now w
Marriage may be about love, but divorce is a business. For global couples—born in different countries, married in a third, now w
admin
2017-03-15
59
问题
Marriage may be about love, but divorce is a business. For global couples—born in different countries, married in a third, now working somewhere else and with children, pensions and other assets sprinkled over the world—a contested divorce is bliss for lawyers and a nightmare for others.
Divorce laws vary wildly, from countries (such as Malta) that still forbid it to Islamic states where—for the husband, at least—it may be obtained in minutes. Rules on the division of property and future financial obligations vary hugely too. France expects the poorer party, usually the wife, to start fending for herself almost immediately; England and some American states insist on lifelong support. Some systems look only at the "acquest" (assets built during the marriage); others count the lot. A few, like Austria, still link cash to blame (eg, for adultery). Japan offers a temptingly quick cheap break, but—for foreigners—little or no enforceable contact with the kids thereafter, notes Jeremy Morley, a New York-based "international divorce strategist". Other places may be mum-friendly when it comes to money but dad-friendly on child custody.
The European Union (home to 875,000 divorces a year, of which a fifth are "international") is trying to tidy up its divorce laws. A reform in 2001 called Brussels II tried to stop forum shopping, in which each party sought the most favourable jurisdiction, by ruling that the first court to be approached decides the divorce. That worked—but at the cost of encouraging trigger-happy spouses to kill troubled marriages quickly, rather than trying to patch them up. This, says David Hodson, a specialist in international divorce law, favours the "wealthier, more aggressive, more unscrupulous party". It goes against the general trend towards counselling, mediation and out-of-court settlement.
An EU measure called Rome III, now under negotiation and pencilled in to come into force in 2008, tries to ensure that the marriage is ended by the law that has governed it most closely. It may be easy for a Dutch court to apply Belgian law when dealing with the uncontested divorce of a Belgian couple, but less so for a Spanish court to apply Polish rules, let alone Iranian or Indonesian, and especially not when the divorce is contested.
Such snags make Rome III "laughably idiotic—a recipe for increasing costs", according to John Cornwell, a London lawyer. Britain and Ireland say they will opt out. That, says Mr. Hodson, will give a further edge to London. Since a judgment in 2000 entrenched the principle of "equality" in division of marital assets, England, home to hundreds of thousands of expatriates, has become a "Mecca for wives", says Louise Spitz of Manches, a London law firm. David Truex, who runs a specialist international divorce outfit, reckons that at least a fifth of divorce cases registered in London’s higher courts now have an international element.
That trend is accelerating as more and more foreign professionals move to Britain: the latest bunch of customers, says Ms. Spitz, are from the former Soviet Union: hugely wealthy and based in London for political reasons. That may protect their assets from being grabbed by the Kremlin; but it does not shield them from their wives. English courts are slowly edging towards the principle (already entrenched in some American states) that the wife’s efforts during the marriage to boost her husband’s earning power must be compensated, meaning that future income, as well as current assets, must be shared.
Compared with most other jurisdictions, English courts are not just wife-friendly but sharp-toothed and clear-sighted. A case to be heard next week by the Court of Appeal will determine the fate of the huge offshore fortune of John Charman, a financier. A lower court ruled that his wife was entitled to her share of the assets held in a Bermuda trust. Rich couples with troubled marriages and a London connection are watching with a mixture of glee and foreboding.
For the typical global couple, such high-profile, big-money cases matter less than the three basic (and deeply unromantic factors) in marriage planning. According to Mr. Truex, a rich man should choose his bride from a country with a stingy divorce law, such as Sweden or France, and marry her there. Second, he should draw up a pre-nuptial agreement. These are binding in many countries and have begun to count even in England. Third, once divorce looms, a wife may want to move to England or America (but should avoid no-alimony states such as Florida); for husbands, staying in continental Europe is wise.
Outside Europe, the country—or American state—deemed the most "appropriate" in terms of the couple’s family and business connections will normally get to hear the case. But here too unilateral action may be decisive. When Earl Spencer, brother of Princess Diana, divorced his first wife he surprised her by issuing proceedings in South Africa where they were then living. In England, where they had been domiciled, she might have got a better deal. She ended up suing her lawyers.
The lesson for couples? How you live may determine the length and happiness of your marriage. Where you live is likely to determine how it ends.
Which of the following statements is NOT true?
选项
A、Britain and Ireland will not participate Rome III because of its breach of "equality".
B、France is a country where laws don’t favor newly-divorced wives in terms of alimony.
C、In European countries, the first court to be approached decides the divorce from 2008.
D、Some American states insist husbands to provide lifelong support for their ex-wives.
答案
C
解析
转载请注明原文地址:https://kaotiyun.com/show/7jSO777K
本试题收录于:
NAETI高级口译笔试题库外语翻译证书(NAETI)分类
0
NAETI高级口译笔试
外语翻译证书(NAETI)
相关试题推荐
Forsomepeople,thelightofhumanattentionhasanunbearablebrilliance.Likeivyalongthedimedgeofagarden,theyprefer
AlmosteverydaythemediadiscoversanAfricanAmericancommunityfightingsomeformofenvironmentalthreatfromlandfills,ga
Fornearlyacentury,twoUnitedStatesgovernmentalagencies,theUnitedStatesArmyCorpsofEngineersandtheBureauofRecla
OxfordandCambridgeUniversityBoatClubshavebothtakentheopportunitytotraveltoSpainthismonthtotraininlesstestin
下面你将听到的这段讲话,主题是香港廉政公署和国际刑警组织如何共同合作打击贪污。DistinguishedGuests,LadiesandGentlemen,Firstofall,Iwishtocongratulatethe
A、Someonefromthehousingofficewillfixthetoilet.B、Peterwillphonethehousingofficeforyou.C、Youcanfixthetoileti
Mankind’sfascinationwithgoldisasoldascivilizationitself.TheancientEgyptiansesteemedgold,whichhadreligioussigni
A、Tohelpthestudentsfromthesamecountriesovercometheirhomesicknessandotherproblems.B、Tosetupboothsdecoratedwith
A、Goodmanagementseldomgetsbetterworkfromemployees.B、Goodmanagementcanmakeaverageemployeesworkbetter.C、Averageem
A、Williamspent14daysontheproject.B、Williamspent10daysontheproject.C、Williamspentanightontheproject.D、Willia
随机试题
(2021年德州齐河)()是人在智力活动中产生的情感,它同人的认识活动的成就获得、需要兴趣的满足、对真理的探索追求及思维任务的解决相联系。
我国历史上最早出版的有药典性质的本草著作是
A.人格障碍B.人格改变C.精神分裂症D.适应障碍E.心境恶劣18岁以前人格正常,在脑部损伤之后出现偏离正常的行为方式,社会适应不良
某拟建工程,房屋高度57.6m,地下2层,地上15层,首层层高6.0m,二层层高4.5m,其余各层层高均为3.6m。采用现浇钢筋混凝土框架—剪力墙结构,抗震设防烈度7度,丙类建筑,设计基本地震加速度为0.15g,Ⅲ类场地。混凝土强度等级采用CA0(fc=1
《风景名胜区条例》规定:在风景名胜区内进行()活动,应当经风景名胜区管理机构审核后,依照有关法律、法规的规定报有关主管部门批准。
经济周期包括()。
关于人性假设的理论很多,主要有()。
根据我国宪法的规定,下列选项中哪些是可以提出宪法修改有效议案的主体?()
下列情形构成自首的是()。
窗体上画一个名称为Text1的文本框,然后编写如下事件过程:PrivateSubFormLoad()ShowTextSetFocusEndSubPrivateSubText1_KeyPres
最新回复
(
0
)